Former state representative's omission may be violation of TN law

Dec. 3, 2013

Jim Gotto / John Partipilo / File / The Tennessean

Written by

Chas Sisk

The Tennessean

Former state representative and Metro Councilman Jim Gotto is weighing a political comeback, but he could be violating state law by leaving open which office he might seek.

The Hermitage Republican has announced plans for a fundraiser Dec. 17, hosted by House Speaker Beth Harwell, House Republican Caucus Chairman Glen Casada and three other GOP lawmakers. But email invitations to the $500-a-person event do not say what he is running for, an omission that Gotto implied in an interview Monday was intentional.

“I still haven’t made up my mind,” Gotto said.

Gotto represented eastern Davidson County’s 60th House District from 2010 to 2012 and the Hermitage area on the Metro Council from 2003 to 2011. He briefly held both offices simultaneously.

As a councilman, Gotto supported an initiative to make English the city’s official language and opposed the Music City Center project as a waste of taxpayer dollars. In the state legislature, a measure he sponsored that dealt with sex education drew national attention, with critics lampooning language that banned the promotion of “gateway sexual activity.”

Gotto also was appointed to the Davidson County Election Commission in April. He announced his resignation a month later to protest the commission’s handling of complaints against election administrator Albert Tieche.

Casada, whose duties as House Republican Caucus chairman include recruiting GOP candidates, said Gotto has told him he will try to regain his seat in the General Assembly.

“Our conversation was he’s running for re-election to the statehouse,” Casada said. “I think he’s got a very good chance of winning.”

Gotto said he had not made up his mind whether to run for the council again or the legislature, but by not registering, he may run the risk of breaking state campaign finance laws.

Tennessee laws require Gotto to declare what office he is seeking and to appoint a treasurer before he takes in any donations or spends any money on the campaign, said Drew Rawlins, executive director of the Bureau of Ethics and Campaign Finance.

Gotto has not yet done so, according to the bureau’s records. Spending on the fundraiser itself could break state law if it comes before Gotto has registered, Rawlins said.

Invitations to the event also include Gotto’s home address and a suggestion that supporters mail donations if they cannot attend. The announcement says checks can be written to “Friends of Jim Gotto” and includes a note that the organization had paid for the solicitation.